Case Review and Principles Governing Application of Privacy Related Torts

Case Review and Principles Governing Application of Privacy Related Torts  Essay example
College
Essay
Journalism & Communication
Pages 3 (753 words)
Download 0
In this case, the defendant moved to court and filed for summary judgment and dismissal of the case by asserting that the plaintiff failed to satisfy the third aspect of a trademark defilement and prejudicial rivalry…

Introduction

In the previous history of the case, the plaintiff, Wentworth, lodged an amendment complaint against Settlement Funding, the defendants asserting that the defendant took part in actions that amounted to copyright violation, trademark dilution, injury to the business reputation and false representation in breach of sections 32 (1) and 43 (a) of the Lanham Act, 15 U.S.C pursuant to section 114 (1) and 1125 (a) (2006) (O’Neill 1). The plaintiff also claimed trademark violation and unfair competition under Pennsylvanian state law. The plaintiff claims originate from the defendant’s supposed use of plaintiff’s emblems in two ways: through Google’s Adwords program and the “meta-tags” for defendant’s webpage (O’Neill 2). The plaintiff alleged that the two usages of the plaintiff’s brand name guarantees that a link to defendant’s webpage will appear instantly adjacent to a link to defendant’s webpage when people carry out internet searches for “J.G. Wentworth” or “JG Wentworth” (O’Neill 4). The plaintiff further claimed that the use of the plaintiff’s emblems constitute violating deeds that were aimed at confusing the consumers and to divert prospective customers away from the plaintiff’s webpage (O’Neill 6). Plaintiff noted that this also would steal their potential customers and wear down the uniqueness of plaintiff’s emblems, therefore, resulting to a considerable loss of profits. In its judgment, the court granted the defendants the motion to dismiss and, therefore, the plaintiff’s claims were dismissed (O’Neill 8). ...
Download paper
Not exactly what you need?

Related papers

Online V/S Traditional Education
These enhancements to education are clear benefits to their recipients, and the adoption of technology in the classroom (or even complete replacement of the classroom) poses questions for the future. The internet has revolutionized the educational system with online classes becoming popular among students. With options of time management, personal attention and activities, students are more…
Michael Bay's "Transformers" (2007): Cultural Post-Modernism and the Machine
As the robot is the symbol of humanities’ desire to become as a god in creating a sentient being, the ‘transformer’, symbolizes the post-modern concept of power and divinity. The film ties its themes to heroism, the sub plots involving U.S. Marines as well as covert divisions of the government. The film Transformers is a post-modern study of culture as it explores the nature of good and evil…
J.S. v. Blue Mountain School District and US v. Michael Anthony Marcavage, Appellant
Michael Anthony Marcavage. The case was first filed in 2007 then the final decision took place in June 2010 in The Third Circuit. Michael Anthony filed an appeal against the Independence National Historical Park in Philadelphia. In the first case two students from Blue Mountain School District were suspended. They had created a fake profile of their principal on MySpace. The eighth standard…
H - L, P: Scheetz v. The Morning Call, 946 F.2d 202 Walker v. Pearl S. Buck Foundation, 1996 U.S. Dist. LEXIS 17927
From the case’s details, the email aimed at communicating to the fans who had bought the tickets of an upcoming match that it had been cancelled. However, the email was met with a fury, which was, asserted in the countersuit, as having been directed to the perceived sender of the email, Joseph Krause. The defendant did not send the email and had nothing to do with informing the fans that a match…
National Football League v. Primetime 24, 211 F.3d 10 WNET, Thirteen v. Aereo, Inc., 712 F.3d 676
In the case’s previous history, pursuant to 28 U.S.C 636(c), National Football League took a legal action against Primetime 24 for copyright violation and sought for an injunctive relief and statutory damages. National Football League accused Primetime 24 of going beyond their statutory license offered for certain U.S. retransmissions by the Satellite Home Viewer Act by transmitting patented NFL…
Denver Area Educational Telecommunications Consortium v FCC, 518 U.S. 727 United States v. Playboy Entertainment Group, 529 U.S.
In this Act, section 10 (a) and (c) allowed television program operator to forbid or deny broadcasting a program that it practically trusts portrays sexual activities or organs in a patently offensive way. On the other hand, section 10 (b) required the operators to distinguish a “patently belligerent” programming, block it and unblock it within 30 days of the viewer’s request (Breyer et al.…
Media Perspective on Secure Communities in U.S.
At the initial stages of implementation, the Immigration and Customs Enforcement took a firm stand that was later diluted by the civil society and the media. According to a report by Alex Johnson, a reporter with NBC News, the agency was stringent in the adoption of the policy. The report states that they were not ready to tolerate opposition from neither the state agencies nor the county…